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19-3D-7
Section 19-3D-7 THIS SECTION WAS ASSIGNED BY THE CODE COMMISSIONER IN THE 2018 REGULAR SESSION,
EFFECTIVE JANUARY 1, 2019. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT. NOTICE; EXERCISE OF
DECANTING POWER. (a) In this section, a notice period begins on the day notice is given under
subsection (c) and ends 59 days after the day notice is given. (b) Except as otherwise provided
in this chapter, an authorized fiduciary may exercise the decanting power without the consent
of any person and without court approval. (c) Except as otherwise provided in subsection (f),
an authorized fiduciary shall not exercise the decanting power prior to 60 days after giving
record notice of the intended exercise of the decanting power to: (1) each settlor of the
first trust, if living or then in existence; (2) each qualified beneficiary of the first trust;
(3) each holder of a presently exercisable power of appointment over any part or all of the
first trust; (4) each person that currently has the right to...
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26-1A-119
Section 26-1A-119 Acceptance of and reliance upon acknowledged power of attorney. (a) For purposes
of this section and Section 26-1A-120, "acknowledged" means purportedly verified
before a notary public or other individual authorized to take acknowledgments and "reasonable
time" shall not be deemed to be less than seven business days. (b) A person that effects
a transaction in reliance upon an acknowledged power of attorney without actual knowledge
that the signature is not genuine may rely upon the presumption under Section 26-1A-105 that
the signature is genuine. (c) A person that effects a transaction in reliance upon an acknowledged
power of attorney without actual knowledge that the power of attorney is void, invalid, or
terminated, that the purported agent's authority is void, invalid, or terminated, or that
the agent is exceeding or improperly exercising the agent's authority is fully exonerated
from any liability for effecting the transaction in reliance upon the power of...
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11-54-125
Section 11-54-125 Definitions. As used in this division, the following terms shall have the
following meanings: (1) AUTHORIZING RESOLUTION. A resolution adopted by the directors and
authorizing the execution and delivery of a trust agreement. (2) DIRECTORS. The board of directors
of an industrial development board. (3) ENDOWMENT TRUST FUND or FUND. A trust fund created
by an industrial development board pursuant to this division. (4) FUND MANAGER. Any individual,
partnership, corporation, or other person, including, without limitation, a trustee bank,
employed to manage and invest moneys held in and forming a part of an endowment trust fund
and other contributions to such fund. (5) INDUSTRIAL DEVELOPMENT BOARD or BOARD. A public
corporation now in existence or hereafter organized pursuant to the provisions of either industrial
development board act. (6) INDUSTRIAL DEVELOPMENT BOARD ACT. Act 648, 1949 Regular Session,
as amended, and Division 1 and Division 2 of this article, as...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/11-54-125.htm - 3K - Match Info - Similar pages
14-2-22
Section 14-2-22 Bonds - Enforcement upon default. If there be any default by the authority
in the payment of the principal of or interest on the bonds or in any of the agreements on
the part of the authority which may properly be included in any resolution or indenture of
trust securing such bonds, any holder of any of the bonds or the trustee for the bondholders
under any resolution or indenture of trust, if so authorized therein, may, by an action, mandamus
or other proceedings, enforce payment of such items and foreclosure upon any mortgage or security
interest granted as security for such bonds and compel performance of all duties of the directors
and officers of the authority and shall be entitled, as a matter of right and regardless of
the sufficiency of any such security or the availability of any other remedy, to the appointment
of a receiver with all the power of such receiver for the maintenance, insurance and leasing
of the facilities and property covered by such resolution...
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19-3B-402
Section 19-3B-402 Requirements for creation. (a) A trust is created only if: (1) the settlor
has capacity to create a trust; (2) the settlor indicates an intention to create the trust;
(3) the trust has a definite beneficiary or is: (A) a charitable trust; (B) a trust for the
care of an animal, as provided in Section 19-3B-408; or (C) a trust for a noncharitable purpose,
as provided in Section 19-3B-409; (4) the trustee has duties to perform; and (5) the same
person is not the sole trustee and sole beneficiary. (b) A beneficiary is definite if the
beneficiary can be ascertained now or in the future, subject to any applicable rule against
perpetuities. (c) A power in a trustee to select a beneficiary from an indefinite class is
valid. If the power is not exercised within a reasonable time, then the power fails and the
property subject to the power passes to the persons who would have taken the property had
the power not been conferred. (Act 2006-216, p. 314, ยง1.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/19-3B-402.htm - 1K - Match Info - Similar pages
35-10-91
Section 35-10-91 Payoff statement; notice. (a) A person liable for payment or performance of
the obligation secured by the real property described in a security instrument who makes proper
notice pursuant to this section shall be entitled to receive a payoff statement. (b) Proper
notice must contain all of the following: (1) The entitled person's name. (2) If given by
a person other than an entitled person, the name of the person giving the notification and
a statement, if required by the secured party evidence, that the person is an authorized agent
of the entitled person. (3) The address to which the creditor must send the statement. (4)
The account number assigned by the secured creditor or other sufficient information to enable
the creditor to identify the secured obligation and the real property encumbered by the security
interest. (5) If the secured obligation is an equity line, a statement that the entitled person
requests the secured creditor to close the equity line upon...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/35-10-91.htm - 4K - Match Info - Similar pages
35-4A-5
Section 35-4A-5 Exclusions from statutory rule against perpetuities. Section 35-4A-2, the statutory
rule against perpetuities, does not apply to: (1) a nonvested property interest or a power
of appointment arising out of a nondonative transfer, except a nonvested property interest
or a power of appointment arising out of (i) a premarital or postmarital agreement, (ii) a
separation or divorce settlement, (iii) a spouse's election, (iv) a similar arrangement arising
out of a prospective, existing, or previous marital relationship between the parties, (v)
a contract to make or not to revoke a will or trust, (vi) a contract to exercise or not to
exercise a power of appointment, (vii) a transfer in satisfaction of a duty of support, or
(viii) a reciprocal transfer; (2) a fiduciary's power relating to the administration or management
of assets, including the power of a fiduciary to sell, lease, or mortgage property, and the
power of a fiduciary to determine principal and income; (3) a power...
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41-10-319
Section 41-10-319 Rights of holders of bonds upon default. If there be any default by the authority
in the payment of the principal of or interest on the bonds or in any of the agreements on
the part of the authority which may properly be included in any resolution or indenture of
trust securing such bonds, any holder of any of the bonds or the trustee for the bondholders
under any resolution or indenture of trust, if so authorized therein, may, by an action, mandamus
or other proceedings, enforce payment of such items and foreclosure upon any mortgage or security
interest granted as security for such bonds and compel performance of all duties of the directors
and officers of the authority and shall be entitled, as a matter of right and regardless of
the sufficiency of any such security or the availability of any other remedy, to the appointment
of a receiver with all the power of such receiver for the maintenance, insurance and leasing
of the facilities and property covered by such...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/41-10-319.htm - 1K - Match Info - Similar pages
41-10-509
Section 41-10-509 Enforcement upon default. If there be any default by the authority in the
payment of the principal of or interest on the bonds or in any of the agreements on the part
of the authority which may properly be included in any resolution or indenture of trust securing
such bonds, any holder of any of the bonds or the trustee for the bondholders under any resolution
or indenture of trust, if so authorized therein, may, by an action, mandamus or other proceedings,
enforce payment of such items and foreclosure upon any mortgage or security interest granted
as security for such bonds and compel performance of all duties of the directors and officers
of the authority and shall be entitled, as a matter of right and regardless of the sufficiency
of any such security or the availability of any other remedy, to the appointment of a receiver
with all the power of such receiver for the maintenance, insurance and leasing of the facilities
and property covered by such resolution or...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/41-10-509.htm - 1K - Match Info - Similar pages
5-11A-32
Section 5-11A-32 Notice of transfer. (a) Within 30 days after the date of the transfer of the
fiduciary accounts, the transferor shall send written notice by first class mail to the last
known address (as then set forth on the records of the transferor, or if not set forth, as
may be determined by the transferor in the exercise of reasonable diligence) of the following
persons or entities: (1) For employee benefit plans, to the plan sponsors. (2) For individual
retirement accounts and retirement accounts for the self-employed, to the account owners.
(3) For agency and escrow accounts, to the principals. (4) For securities for which a transferor
bank serves as trustee, registrar, transfer agent or paying agent, to the issuers. (5) For
revocable trusts under agreement, to the settlors. (6) For irrevocable trusts under agreement,
to any co-fiduciary, to the settlor, to each current income beneficiary who is an adult, and
if a current income beneficiary is a minor, to a parent of the minor...
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